LANDLORD WAS SEEKING RENT UNDER AN “EXPIRED” AND “CANCELLED” RESIDENTIAL LEASE?
After RF learned of a default judgment being entered against her, she asked the Bronx County Civil Court to vacate that determination. And when that request was granted, the landlord, 1755 Jarvis LLC, appealed.
On its review of the record, the Appellate Term, First Department, noted that RF promptly moved for relief upon discovery of the judgment, and that her nonappearance was neither “intentional” nor “prejudicial.”
Citing the State’s “strong public policy” that disputes be heard “on the merits,” and given that she had demonstrated the existence of a “potentially meritorious defense” to the litigation, the AT1 thought that the court below had “providently exercised its discretion,” and left the outcome undisturbed.
Apparently, the complaint made reference to unpaid rent due under a residential lease that had expired back on May 31, 2017, and the record suggested that the lease had been “cancelled” (upon a warrant’s issuance in a prior summary proceeding).
There was no cancelling her ….
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DECISION